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45-36-20
Section 45-36-20 Charge of classification for incorporated municipalities. (a) Notwithstanding
any other provision of law, including, but not limited to, Chapter 2A of Title 28, and pursuant
to authority granted by Section 104 of the Constitution of Alabama of 1901, the electors of
an incorporated municipality located in Jackson County with a population of 2,500 or more
inhabitants may change its classification from dry to wet or wet to dry by a municipal option
election as provided by this section. (b)(1) Upon petition of 25 percent of the number of
voters voting in the last general election of the municipality having a population of 2,500
or more inhabitants being filed with the city or town clerk or governing body of the municipality,
the governing body shall call a municipal option election for the municipality to determine
the sentiment of the people as to whether alcoholic beverages may be legally sold or distributed
in the municipality. The petition for the municipal option...
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28-2A-1.1
Section 28-2A-1.1 Ratification and confirmation of municipal option elections and related taxes
and licenses. (a) Each municipality with a population of 1,000 or more which held an election
pursuant to Section 28-2A-1, as amended by Act 2009-546, of the 2009 Regular Session (Acts
2009, p. 1446), in which the majority of the voters voting in the municipal option election
voted to allow the sale, distribution, and consumption of alcoholic beverages within the municipality
are hereby declared wet and may continue the sale, distribution, and consumption of such beverages.
(b) Municipalities to which this section applies shall remain wet unless and until the municipality,
in any subsequent municipal option election held pursuant to this chapter, elects to change
to a dry municipality, notwithstanding the result of any subsequent county election or special
method referendum. (c) Any taxes or licenses levied and collected pursuant to a municipal
option election conducted in accordance with...
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35-8B-3
Section 35-8B-3 Sale and distribution of alcoholic beverages within district. (a) If a majority
of the board of control of a community development district formed under Section 35-8B-1(a),
(b), or (d) consents to and approves the sale and distribution of alcoholic beverages within
the district, it shall be lawful to sell and distribute alcoholic beverages in the community
development district in the following manner and subject to the following terms, definitions,
and conditions: (1) Upon being licensed by the Alabama Alcoholic Beverage Control Board, alcoholic
beverages may be sold by the club of the district to members and their guests for on-premises
consumption only. The club shall be licensed to sell alcoholic beverages to its members and
their guests as a club liquor retail licensee by the Alabama Alcoholic Beverage Control Board,
upon the club's compliance with the provisions of the alcoholic beverage licensing code and
the regulations made thereunder. The original application...
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45-49-22.03
Section 45-49-22.03 Lawful activities upon affirmative vote. If a majority of the voters voting
in any election held pursuant to this subpart vote Yes, then, upon the proper certification
and declaration of the results of the election, it shall be legal, on each Sunday during the
two-hour period between 12 o'clock midnight of the preceding Saturday and two o'clock, a.m.,
and for the remainder of Sunday after 12 o'clock noon (but not between the hours of two o'clock,
a.m., and 12 o'clock noon), in every part of Mobile County, including all municipalities or
parts thereof located in the county, for properly licensed persons (as provided in the Alcoholic
Beverage Licensing Code, Chapter 3A, Title 28, or successor provisions of law) to do the following:
(1) Sell and dispense at retail alcoholic beverages for on-premises consumption in a lounge
or bar. (2) Sell and dispense at retail alcoholic beverages for on-premises consumption in
a restaurant, hotel, dinner theater, convention center,...
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45-37-22.03
Section 45-37-22.03 Lawful activities upon affirmative vote. If a majority of the voters voting
in any election held pursuant to this part vote ''Yes'', then, upon the proper certification
and declaration of the results of such election, it shall be legal, on each Sunday during
the two-hour period between 12:00 o'clock midnight of the preceding Saturday and 2:00 o'clock,
A.M., and for the remainder of Sunday after 12:00 o'clock noon, but not between the hours
of 2:00 o'clock, A.M. and 12:00 o'clock noon, in every part of Jefferson County, including
all municipalities or parts thereof located in such county, for properly licensed persons,
as provided in the Alcoholic Beverage Licensing Code, Chapter 3A, Title 28, or successor provisions
of law, to do all of the following: (1) To sell and dispense at retail alcoholic beverages
for onpremises consumption in a lounge or bar. (2) To sell and dispense at retail alcoholic
beverages for onpremises consumption in a restaurant, hotel, dinner...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-37-22.03.htm - 4K - Match Info - Similar pages
28-3-1
Section 28-3-1 Definitions. As used in this title, the following words shall have the following
meanings unless the context clearly indicates otherwise: (1) ALCOHOLIC BEVERAGES. Any alcoholic,
spirituous, vinous, fermented, or other alcoholic beverage, or combination of liquors and
mixed liquor, a part of which is spirituous, vinous, fermented, or otherwise alcoholic, and
all drinks or drinkable liquids, preparations or mixtures intended for beverage purposes,
which contain one-half of one percent or more of alcohol by volume, and shall include liquor,
beer, and wine. (2) ASSOCIATION. A partnership, limited partnership, or any form of unincorporated
enterprise owned by two or more persons. (3) BEER, or MALT OR BREWED BEVERAGES. Except as
otherwise provided in this subdivision, any beer, lager beer, ale, porter, malt or brewed
beverage, or similar fermented malt liquor containing one-half of one percent or more of alcohol
by volume and not in excess of thirteen and nine-tenths percent...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-1.htm - 12K - Match Info - Similar pages
45-39A-50
Section 45-39A-50 Local option election authorized for sale and distribution of alcoholic beverages.
(a)(1) The Legislature of Alabama is cognizant of Opinion of the Justices No. 376, 825 So.
2d 109 (Ala. 2002), which states on page 115 that a local bill for Cherokee County "purporting
to allow by local law the creation of a traffic in alcohol that does not presently exist in
smaller municipalities in Cherokee County, does not fit within the ambit of the last paragraph
of Section 104 permitting the Legislature to pass local laws regulating or prohibiting such
traffic." The effect of this Opinion of the Justices is to greatly limit situations in
which local laws may be enacted regarding alcoholic beverages. This opinion was, in part,
based upon a determination that, "Generally, 'regulate' implies the exercise of control
over something that already exists." While respecting the constitutional authority granted
to the Alabama Supreme Court to interpret the Constitution of Alabama of 1901,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-39A-50.htm - 4K - Match Info - Similar pages
28-3-24
Section 28-3-24 Extension of time of sale of alcoholic beverages on Sunday in county or municipality
where Sunday sales authorized. (a) In any county or municipality where the Sunday sale of
alcoholic beverages is otherwise authorized by law, including the sale for on-premises consumption
at a time after 10:00 a.m., the sale of alcoholic beverages on Sunday may be authorized for
on-premises consumption commencing on Sunday at 10:00 a.m., and thereafter, by the county
commission outside of the corporate limits of any municipality or the municipal governing
body within the corporate limits of a municipality by ordinance or by resolution of the appropriate
governing body. (b) This section shall not apply to any county or municipality where the sale
of alcoholic beverages on Sunday was authorized by a local law setting a later time for the
sale of alcoholic beverages on Sunday and the local law was subject to approval at a referendum
unless the application of this section to the county or...
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28-3-25
Section 28-3-25 Counties and municipalities authorized to extend time of sale of alcoholic
beverages on Sunday by resolution or referendum. (a)(1) Subject to subdivision (2), in any
wet county, the county commission, by resolution, may permit and regulate the sale of alcoholic
beverages on Sunday after the hour of two o'clock a.m., for on-premises or off-premises consumption,
or both, as determined by the county commission or as specified in the referendum, if applicable,
by retail licensees of the Alcoholic Beverage Control Board. (2) The county commission of
any wet county, by resolution, may require a referendum to be held to determine whether Sunday
sales of alcohol shall be permitted in the county. Upon passage of a resolution by the county
commission, the county shall hold the referendum and if a majority of the voters voting thereon
vote in favor of the question, then the sale of alcoholic beverages shall be permitted and
regulated as specified in the referendum. (b)(1) Subject...
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45-37-22
Section 45-37-22 Election on Sunday sale and distribution of alcoholic beverages. The Jefferson
County Commission is hereby mandated to call and provide for holding an election among the
voters of Jefferson County to determine whether or not alcoholic beverages, as defined in
Section 28-3-1, may be legally sold and distributed on Sundays after 12:00 o'clock noon by
properly licensed retailers serving the general public. The initial election mandated by this
part shall be held at the same time as the next statewide primary election scheduled to be
held on the first Tuesday of June, 1990, provided that if this part does not become effective
in sufficient time prior to the date of such primary election to permit the initial election
mandated hereby to be conducted on such date in accordance with Section 45-37-22.02, then
such initial election shall be held at the same time as the next statewide general election
scheduled to be held on the first Tuesday after the first Monday in November,...
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